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WELLMAN, INC. v. EASTMAN CHEMICAL CO.

No. 2010-1249.

642 F.3d 1355 (2011)

WELLMAN, INC., Plaintiff-Appellant, v. EASTMAN CHEMICAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Barbara L. Moore , Edward Angell Palmer & Dodge LLP, of Stamford, CT, argued for plaintiff-appellant. With her on the brief was Scott D. Wofsy , Barry Kramer , and Brian R. Pollack ; Denise Seastone Kraft, John Reed and Aleine Porterfield , of Wilmington, DE.

Kenneth R. Adamo , Jones Day, Cleveland, OH, of argued for defendant-appellee. With him on the brief were Regan J. Fay , Thomas R. Goots , Leozino Agozzino , Anthony T. Jacono and Peter D. Siddoway ; and Lawrence D. Rosenberg , of Washington, DC. Of counsel on the brief was Mary B. Graham , Morris, Nichols, Arsht & Tunnell, of Wilmington, DE.

Before RADER, Chief Judge, LOURIE, Circuit Judge, and WHYTE, District Judge.

RADER, Chief Judge.

The United States District Court for the District of Delaware granted Eastman Chemical Company's ("Eastman's") motion for summary judgment of invalidity of U.S. Patent Nos. 7,129,317 (the "'317 patent") and 7,094,863 (the "'863 patent") (collectively, the "Wellman patents") for indefiniteness and granted-in-part Eastman's motion for summary judgment of invalidity for failure to disclose the best mode. Because the specifications of the Wellman patents...

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